Posts in Student Contributor
Haaland v. Brackeen: The Uncertainty of Indian Sovereignty

In early November, the Supreme Court will hear Haaland v. Brackeen. The case stands to determine whether the Indian Child Welfare Act of 1978 (ICWA) discriminates on the basis of race, thereby violating the United States Constitution, and if its federal regulation over child placement unjustly commandeers state powers? Given the historical context of the ICWA, the case’s outcome will drastically impact the future of tribal sovereignty.

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Qualified Immunity Doctrine: The Epitome of ‘Judicial Policymaking’

In a pointed solo opinion in Ziglar v. Abbasi (2017), Justice Clarence Thomas urged the Supreme Court, “[i]n an appropriate case,” to “reconsider [its] qualified immunity jurisprudence.” Justice Thomas argued that the Court’s qualified immunity jurisprudence “represent[s] precisely the sort of ‘free-wheeling policy choice[s]’” that are not within the providence of courts’ authority. This brief article critiques Mullenix v. Luna (2015) in order to elucidate the aforementioned concerns.

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“Don’t Say Gay” Law: The Constitutional Conflict Between Parental & LGBTQ Rights

The recent controversial approval of the “Don’t Say Gay” legislation by Florida Governor Ron DeSantis has prompted leaders like President Joe Biden and LGBTQ+ advocacy efforts to question the law’s constitutionality given Supreme Court precedent on LGBTQ+ rights. This article analyzes its legislative framework and implications for the nation’s educational institutions.

(Image via Tampa Bay Times/AP)

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Asylum Law and Title 42: A Lens for the Power of International Law

Title 42, an order issued by the Trump Administration in March 2020, sanctions the deportation of migrants and asylum-seekers for the purpose of “prevent[ing] the spread of communicable disease.” After criticizing his predecessor’s immigration policy during the 2020 Presidential Election, President Biden is now receiving backlash for keeping Title 42 in effect.

(Image via AFP/Getty Images)

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Echoes of Tibet: China’s Quest for Territorial Conquest

For nearly four decades, China has struggled to renegotiate its border with Bhutan for economic and strategic purposes. Having lost its patience, China has chosen to begin building on its border with Bhutan, raising concerns over what precedent was set by its past illegal annexation of Tibet and questions regarding what the international community can do to respond to illegal territorial expansion.

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